Chương IV Nghị định 03/2019/NĐ-CP về hoạt động viễn thám: Lưu trữ, cung cấp, khai thác, sử dụng thông tin, dữ liệu ảnh viễn thám, sản phẩm viễn thám

Chapter IV

STORAGE, PROVISION, EXPLOITATION AND USAGE OF REMOTE SENSING INFORMATION, IMAGE DATA AND PRODUCTS

Article 19. List of remote sensing information, data and products

1. Information about remote sensing image data acquisition systems.

2. Remote sensing image data.

3. Remote sensing image superdata.

4. Remote sensing information, data and products.

5. Information and data observed and monitored by using remote sensing technologies.

6. Information about remote sensing projects, schemes and assignments.

7. Remote sensing scientific research and technological development outcomes.

8. Legislative documents regarding remote sensing.

9. Technical standards and regulations regarding remote sensing.

10. Other remote sensing information, data and products specified in remote sensing projects, schemes, technical designs and cost estimates approved by competent entities.

Article 20. Transfer and safekeeping of remote sensing information, data and products

1. Remote sensing information, data and products obtained from remote sensing projects, schemes and assignments funded by the state budget must be transferred for safekeeping purposes by project or scheme investors in accordance with regulations in force. List of remote sensing information, data and products that need to be transferred shall be subject to remote sensing projects, schemes, technical designs and cost estimates approved by competent entities.

2. Remote sensing information, data and products obtained from remote sensing projects, schemes or assignments implemented by affiliates of the Ministry of Natural Resources and Environment shall be transferred for depositing purposes at the Department of National Remote Sensing under the control of the Ministry of Natural Resources and Environment within the maximum duration of 30 days from the date of completion of acceptance testing.

3. Remote sensing information, data and products obtained from remote sensing projects, schemes or assignments implemented by affiliates of the provincial-level People’s Committees shall be transferred for depositing purposes at the Departments of Natural Resources and Environment in provinces and centrally-affiliated cities; in addition, the list of remote sensing data and products already transferred shall be sent to the Department of National Remote Sensing under the control of the Ministry of Natural Resources and Environment within the maximum duration of 90 days from the date of completion of acceptance testing for synthesis and storage purposes.

4. Remote sensing information, data and products transferred by affiliates of ministries, ministerial-level agencies or Governmental bodies to their subordinate depository entities or organizations; in addition, the list of remote sensing data and products already transferred shall be sent to the Department of National Remote Sensing under the control of the Ministry of Natural Resources and Environment within the maximum duration of 90 days from the date of completion of acceptance testing for synthesis and storage purposes.

5. Remote sensing information, data and products transferred for safekeeping and depositing purposes must be checked, assessed and tested for quality control purposes in accordance with regulations adopted by the Ministry of Natural Resources and Environment.

6. Transferor entities and organizations must inform depository entities and organizations of the transfer of remote sensing information, data and products; within duration of 02 working days of receipt of the notification, depository entities and organizations shall be responsible for receiving and making delivery and receipt reports.

7. Depository entities and organizations shall be responsible for storing and keeping custody of remote sensing information, data and products as per laws on data storage and safekeeping, providing an adequate amount of facilities and equipment intended for storage, safekeeping of received data, and facilitating data exploitation and usage.

8. Entities and organizations shall be responsible for providing the Ministry of Natural Resources and Environment with remote sensing copy data and superdata purchased from abroad by using the state budget funds in order to integrate them into the national remote sensing image database within the maximum duration of 03 months after receipt of data from suppliers.

Article 21. Forms of exploitation and usage of remote sensing image data

Remote sensing information and image data shall be exploited and used in the following forms:

1. Accessing and using remote sensing information and image data available on the Information Webpages or the Electronic Information Portals, or connecting, logging in and sharing information with remote sensing databases of entities managing and providing remote sensing information and image data.

2. Accessing and using remote sensing information and image data by submitting written request forms.

3. Accessing and using remote sensing information and image data by entering into contracts between entities managing remote sensing information and image data, on one side, and parties accessing and using remote sensing information and image data, on the other side, as provided by laws.

Article 22. Exploitation and usage of remote sensing information and image data available on Information Webpages or Electronic Information Portals

1. In order to obtain permission to access, exploit and use remote sensing information and image data available on Information Webpages or Electronic Information Portals, organizations and individuals shall be obliged to sign up for and shall be granted the right for access to remote sensing information and image data from entities providing these remote sensing information and image data.

2. Organizations and individuals granted the access right shall be responsible for entering the correct login addresses and passwords; shall be prohibited from revealing these granted addresses and passwords.

3. Entities providing remote sensing information and image data shall assume the following responsibilities:

a) Enable organizations and individuals to have easy access to data; provide easy-to-use search tools that can show search results matching search questions;

b) Ensure that remote sensing information and image data formats are conformable to technical standards and regulations.

4. In case of temporarily suspending the online provision of remote sensing information and image data or other associated services, entities providing remote sensing information and image data shall assume the following responsibilities:

a) Issue the public notice of such temporary suspension within the maximum duration of 07 working days before proceeding to temporarily suspend the online provision of remote sensing information and image data or other related services for the purposes of repairing or troubleshooting errors, failures or upgrading or expanding information infrastructure. The public notice must clearly state the estimated time of restoration of the online provision of remote sensing information and image data or other services, unless unexpected events occur;

b) Take troubleshooting actions.

Article 23. Request forms for provision of remote sensing information and image data

1. Remote sensing information and image data exploited and used by submitting request forms shall be subject to the following provisions:

a) Organizations and individuals wishing to access and use remote sensing information and image data shall, based on the list of available remote sensing information and image data, prepare request forms (by using the Form No. 02 in the Appendix hereto) and submit them directly or by post or online to entities managing remote sensing information and image data;

b) Within 05 working days, entities managing remote sensing information and image data shall receive and check these request forms and inform financial obligations (if any) to requesting organizations or individuals. In case of refusal to provide remote sensing information and image data, reasons for such refusal must be clearly stated and informed in writing to requesting organizations or individuals;

c) After requesting organizations or individuals have managed to fulfill their financial obligations, entities managing remote sensing information and image data shall be responsible for providing a full amount of accurate remote sensing information and image data to requesting organizations and individuals.

2. Request form for provision of remote sensing information and image data shall include but not limited to the following information:

a) Name and address of the entity, organization or individual requesting provision of remote sensing information and image data;

b) List and contents of remote sensing information and image data that need to be provided;

c) Purposes of remote sensing information and image data;

d) Form of exploitation and usage of remote sensing information and image data, and method of notification of request processing results.

3. In case provision of classified remote sensing information, image data or products is requested, the request form submitted by an entity or organization must bear its head’s signature and stamped.

4. The request form submitted by a person must show full name, address and signature of the requesting person.

5. If the person wishing to access and use remote sensing information and image data is a foreigner living in Vietnam, the request form must be signed and stamped by the organization or enterprise where he/she is working; if the person wishing to access and use remote sensing information and image data is an expert or foreign intern working for a program or project of a ministry, sectoral administration or local authority, or studying at a training institution in Vietnam, the request form must be signed and stamped by the competent entity of that ministry, sectoral administration or local authority or that training institution (by using the Form No. 03 in the Appendix hereto).

Article 24. Rights and responsibilities of organizations and individuals accessing, exploiting and using remote sensing information and image data

1. Do not transfer remote sensing information and image data to third parties for their use, unless otherwise agreed upon in contracts with entities, organizations or individuals providing information and data, or permitted by competent entities.

2. Organizations and individuals accessing, exploiting and using remote sensing image data under the State ownership shall be liable for fees prescribed in laws on fees and charges.

3. Comply with laws on intellectual property.

4. Promptly inform entities managing remote sensing information and image data of errors in remote sensing information and image data already provided.

5. Have the right to file their complaints or accusations under laws in case their rights to access, exploit and use these information and data are breached.

Article 25. Provision of remote sensing information, image data and products to domestic organizations and individuals

1. Remote sensing information, image data and products shall be deemed as public property provided, accessed and used in the form of a copy or exported software. Organizations and individuals providing remote sensing information and image data shall be responsible for the origin of each copy.

2. Remote sensing information, image data and products shall be provided in order of preference upon the direct request of the leader of the Communist Party and the State or in case of emergencies or in support of national defence, security, rescue and salvation tasks.

3. Provision of classified remote sensing information, image data and products under the State ownership shall be subject to laws on protection of State secrets.

4. Organizations providing remote sensing information and image data shall be legally liable for the origin, accuracy and adequacy of remote sensing information and image data under their management.

Article 26. Management of quality of remote sensing products

1. The formulation, release, promulgation and application of national technical standards and regulations in the remote sensing sector shall be subject to laws on technical standards and regulations, and must ensure consistency, uniformity with and relevance to industrial development tendencies.

2. The Ministry of Natural Resources and Environment shall be responsible for setting national remote sensing standards for submission to the Ministry of Science and Technology for its assessment before enforcement; setting out national technical regulations on remote sensing for submission to the Ministry of Science and Technology for its pre-enforcement assessment.

3. Management of quality of remote sensing products:

a) Management of quality of remote sensing products shall be subject to laws on quality of products and commodities;

b) The inspection of quality of remote sensing products during the production stage shall be subject to national technical standards and regulations on remote sensing and approved technical designs;

c) Domestically-made or imported remote sensing products freely sold in the market must meet quality requirements set out in applied standards and technical regulations in the remote sensing field and other relevant legislative regulations;

d) Organizations and individuals shall be responsible for the results of monitoring and inspection of quality, and acceptance testing of remote sensing products;

dd) Organizations and individuals shall be obliged to publicly disclose applied standards and make the declaration of conformity of remote sensing products made by themselves;

e) Organizations and individuals shall be held legally liable for the quality of remote sensing product made by themselves.